Whether employee can be terminated if he enrols at Bar

Querist : Anonymous (Querist) 27 January 2011 This query is : Resolved
Experts
If an employee who is in full time services of the Govt of India enrolled at Bar council as an ADVOCATE
Can his services be terminated on this ground by his employer?
Whether he is also liable to face criminal charges by the Bar?

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Devajyoti Barman (Expert) 27 January 2011
No
Yes
No

Querist : Anonymous (Querist) 27 January 2011
As there is no misconduct on the part of the employee how can the employer terminate the services of such employee
However struck off name from the enrolment as Advocate by the Bar can be made as the misconduct is made on the part of the council
Please clarify

Arvind Singh Chauhan (Expert) 27 January 2011
No

Yes only if the terms of employment is such as he should not be member of other organization as BAR. But BAR may cancel his registration on the ground of being employer of govt.

No.

V.Mahadevan (Expert) 27 January 2011
Certain categories of employees with legal quaifications serving in legal branch of Government and registered with the Bar Council as such assist lawyers representing the Government. Such persons fear no such consequence.
Non disclosure of employment information may attract action by Bar Council.

Amit Minocha (Expert) 27 January 2011
bar counsel may terminate his license but job cannot be terminated on this ground alone.

Parthasarathi Loganathan (Expert) 27 January 2011
To add to this query, Can he indulge in setting up a law firm and establish independent legal practice without involving in front-end litigation tasks without membership of Bar Council? Please elaborate.

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